Bill Text: IL HB2612 | 2017-2018 | 100th General Assembly | Chaptered


Bill Title: Amends the Boundary Changes Article of the School Code. Makes changes concerning the purpose and applicability of the Article; defining "legal resident voter"; school districts in educational service regions of 2,000,000 or more inhabitants; changing boundaries by detachment or dissolution; petitions for dissolution; the requirements for granting petitions; copies of a petition; a detachment set aside upon petition; petition filing, notices, hearings, and decisions; the Administrative Review Law; a limitation on successive petitions; the effective date of a change; maps showing changes; teacher transfer; the annexation of dissolved non-operating districts; termination of offices; a limitation on contesting boundary changes; and the applicability of the amendatory Act. Repeals provisions concerning county references, a change of boundaries in 2 or more counties, special charter districts, an election ordered by the regional superintendent of schools, the annexation of territory eliminated from a non-high school district, the title to school sites and buildings, and the distribution of accumulated funds. Makes related changes in other Articles of the School Code. Effective July 1, 2017.

Spectrum: Moderate Partisan Bill (Democrat 7-2)

Status: (Passed) 2017-08-25 - Public Act . . . . . . . . . 100-0374 [HB2612 Detail]

Download: Illinois-2017-HB2612-Chaptered.html



Public Act 100-0374
HB2612 EnrolledLRB100 06182 NHT 16216 b
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing Sections
5-1, 7-04, 7-1, 7-2a, 7-2.4, 7-2.5, 7-2.6, 7-2.7, 7-4, 7-4.1,
7-5, 7-6, 7-7, 7-8, 7-9, 7-10, 7-11, 7-12, 7-29, 12-24, 16-2,
and 32-4.6 and by adding Sections 7-01a, 7-01b, 7-10.5, 7-31,
and 10-22.35B as follows:
(105 ILCS 5/5-1) (from Ch. 122, par. 5-1)
Sec. 5-1. County school units.
(a) The territory in each county, exclusive of any school
district governed by any special act which requires the
district to appoint its own school treasurer, shall constitute
a county school unit. County school units of less than
2,000,000 inhabitants shall be known as Class I county school
units and the office of township trustees, where existing on
July 1, 1962, in such units shall be abolished on that date and
all books and records of such former township trustees shall be
forthwith thereafter transferred to the county board of school
trustees. County school units of 2,000,000 or more inhabitants
shall be known as Class II county school units and shall retain
the office of township trustees unless otherwise provided in
subsection (b) or (c).
(b) Notwithstanding subsections (a) and (c), the school
board of any elementary school district having a fall, 1989
aggregate enrollment of at least 2,500 but less than 6,500
pupils and having boundaries that are coterminous with the
boundaries of a high school district, and the school board of
any high school district having a fall, 1989 aggregate
enrollment of at least 2,500 but less than 6,500 pupils and
having boundaries that are coterminous with the boundaries of
an elementary school district, may, whenever the territory of
such school district forms a part of a Class II county school
unit, by proper resolution withdraw such school district from
the jurisdiction and authority of the trustees of schools of
the township in which such school district is located and from
the jurisdiction and authority of the township treasurer in
such Class II county school unit; provided that the school
board of any such school district shall, upon the adoption and
passage of such resolution, thereupon elect or appoint its own
school treasurer as provided in Section 8-1. Upon the adoption
and passage of such resolution and the election or appointment
by the school board of its own school treasurer: (1) the
trustees of schools in such township shall no longer have or
exercise any powers and duties with respect to the school
district governed by such school board or with respect to the
school business, operations or assets of such school district;
and (2) all books and records of the township trustees relating
to the school business and affairs of such school district
shall be transferred and delivered to the school board of such
school district. Upon the effective date of this amendatory Act
of 1993, the legal title to, and all right, title and interest
formerly held by the township trustees in any school buildings
and school sites used and occupied by the school board of such
school district for school purposes, that legal title, right,
title and interest thereafter having been transferred to and
vested in the regional board of school trustees under P.A.
87-473 until the abolition of that regional board of school
trustees by P.A. 87-969, shall be deemed transferred by
operation of law to and shall vest in the school board of that
school district.
Notwithstanding subsections (a) and (c), the school boards
of Oak Park & River Forest District 200, Oak Park Elementary
School District 97, and River Forest School District 90 may, by
proper resolution, withdraw from the jurisdiction and
authority of the trustees of schools of Proviso and Cicero
Townships and the township treasurer, provided that the school
board shall, upon the adoption and passage of the resolution,
elect or appoint its own school treasurer as provided in
Section 8-1 of this Code. Upon the adoption and passage of the
resolution and the election or appointment by the school board
of its own school treasurer: (1) the trustees of schools in the
township or townships shall no longer have or exercise any
powers or duties with respect to the school district or with
respect to the school business, operations, or assets of the
school district; (2) all books and records of the trustees of
schools and all moneys, securities, loanable funds, and other
assets relating to the school business and affairs of the
school district shall be transferred and delivered to the
school board; and (3) all legal title to and all right, title,
and interest formerly held by the trustees of schools in any
common school lands, school buildings, or school sites used and
occupied by the school board and all rights of property and
causes of action pertaining to or constituting a part of the
common school lands, buildings, or sites shall be deemed
transferred by operation of law to and shall vest in the school
board.
Notwithstanding subsections (a) and (c), the respective
school boards of Berwyn North School District 98, Berwyn South
School District 100, Cicero School District 99, and J.S. Morton
High School District 201 may, by proper resolution, withdraw
from the jurisdiction and authority of the trustees of schools
of Cicero Township and the township treasurer, provided that
the school board shall, upon the adoption and passage of the
resolution, elect or appoint its own school treasurer as
provided in Section 8-1 of this Code. Upon the adoption and
passage of the resolution and the election or appointment by
the school board of its own school treasurer: (1) the trustees
of schools in the township shall no longer have or exercise any
powers or duties with respect to the school district or with
respect to the school business, operations, or assets of the
school district; (2) all books and records of the trustees of
schools and all moneys, securities, loanable funds, and other
assets relating to the school business and affairs of the
school district shall be transferred and delivered to the
school board; and (3) all legal title to and all right, title,
and interest formerly held by the trustees of schools in any
common school lands, school buildings, or school sites used and
occupied by the school board and all rights of property and
causes of action pertaining to or constituting a part of the
common school lands, buildings, or sites shall be deemed
transferred by operation of law to and shall vest in the school
board.
(c) Notwithstanding the provisions of subsection (a), the
offices of township treasurer and trustee of schools of any
township located in a Class II county school unit shall be
abolished as provided in this subsection if all of the
following conditions are met:
(1) During the same 30 day period, each school board of
each elementary and unit school district that is subject to
the jurisdiction and authority of the township treasurer
and trustees of schools of the township in which those
offices are sought to be abolished gives written notice by
certified mail, return receipt requested to the township
treasurer and trustees of schools of that township of the
date of a meeting of the school board, to be held not more
than 90 nor less than 60 days after the date when the
notice is given, at which meeting the school board is to
consider and vote upon the question of whether there shall
be submitted to the electors of the school district a
proposition to abolish the offices of township treasurer
and trustee of schools of that township. None of the
notices given under this paragraph to the township
treasurer and trustees of schools of a township shall be
deemed sufficient or in compliance with the requirements of
this paragraph unless all of those notices are given within
the same 30 day period.
(2) Each school board of each elementary and unit
school district that is subject to the jurisdiction and
authority of the township treasurer and trustees of schools
of the township in which those offices are sought to be
abolished, by the affirmative vote of at least 5 members of
the school board at a school board meeting of which notice
is given as required by paragraph (1) of this subsection,
adopts a resolution requiring the secretary of the school
board to certify to the proper election authorities for
submission to the electors of the school district at the
next consolidated election in accordance with the general
election law a proposition to abolish the offices of
township treasurer and trustee of schools of that township.
None of the resolutions adopted under this paragraph by any
elementary or unit school districts that are subject to the
jurisdiction and authority of the township treasurer and
trustees of schools of the township in which those offices
are sought to be abolished shall be deemed in compliance
with the requirements of this paragraph or sufficient to
authorize submission of the proposition to abolish those
offices to a referendum of the electors in any such school
district unless all of the school boards of all of the
elementary and unit school districts that are subject to
the jurisdiction and authority of the township treasurer
and trustees of schools of that township adopt such a
resolution in accordance with the provisions of this
paragraph.
(3) The school boards of all of the elementary and unit
school districts that are subject to the jurisdiction and
authority of the township treasurer and trustees of schools
of the township in which those offices are sought to be
abolished submit a proposition to abolish the offices of
township treasurer and trustee of schools of that township
to the electors of their respective school districts at the
same consolidated election in accordance with the general
election law, the ballot in each such district to be in
substantially the following form:
-------------------------------------------------------------
OFFICIAL BALLOT
Shall the offices of township
treasurer and YES
trustee of -------------
schools of Township ..... NO
Range ..... be abolished?
-------------------------------------------------------------
(4) At the consolidated election at which the
proposition to abolish the offices of township treasurer
and trustee of schools of a township is submitted to the
electors of each elementary and unit school district that
is subject to the jurisdiction and authority of the
township treasurer and trustee of schools of that township,
a majority of the electors voting on the proposition in
each such elementary and unit school district votes in
favor of the proposition as submitted to them.
If in each elementary and unit school district that is
subject to the jurisdiction and authority of the township
treasurer and trustees of schools of the township in which
those offices are sought to be abolished a majority of the
electors in each such district voting at the consolidated
election on the proposition to abolish the offices of township
treasurer and trustee of schools of that township votes in
favor of the proposition as submitted to them, the proposition
shall be deemed to have passed; but if in any such elementary
or unit school district a majority of the electors voting on
that proposition in that district fails to vote in favor of the
proposition as submitted to them, then notwithstanding the vote
of the electors in any other such elementary or unit school
district on that proposition the proposition shall not be
deemed to have passed in any of those elementary or unit school
districts, and the offices of township treasurer and trustee of
schools of the township in which those offices were sought to
be abolished shall not be abolished, unless in each of those
elementary and unit school districts remaining subject to the
jurisdiction and authority of the township treasurer and
trustees of schools of that township proceedings are again
initiated to abolish those offices and all of the proceedings
and conditions prescribed in paragraphs (1) through (4) of this
subsection are repeated and met in each of those elementary and
unit school districts.
Notwithstanding the foregoing provisions of this Section
or any other provision of the School Code, the offices of
township treasurer and trustee of schools of a township that
has a population of less than 200,000 and that contains a unit
school district and is located in a Class II county school unit
shall also be abolished as provided in this subsection if all
of the conditions set forth in paragraphs (1), (2), and (3) of
this subsection are met and if the following additional
condition is met:
The electors in all of the school districts subject to
the jurisdiction and authority of the township treasurer
and trustees of schools of the township in which those
offices are sought to be abolished shall vote at the
consolidated election on the proposition to abolish the
offices of township treasurer and trustee of schools of
that township. If a majority of the electors in all of the
school districts combined voting on the proposition vote in
favor of the proposition, then the proposition shall be
deemed to have passed; but if a majority of the electors
voting on the proposition in all of the school district
fails to vote in favor of the proposition as submitted to
them, then the proposition shall not be deemed to have
passed and the offices of township treasurer and trustee of
schools of the township in which those offices were sought
to be abolished shall not be abolished, unless and until
the proceedings detailed in paragraphs (1) through (3) of
this subsection and the conditions set forth in this
paragraph are met.
If the proposition to abolish the offices of township
treasurer and trustee of schools of a township is deemed to
have passed at the consolidated election as provided in this
subsection, those offices shall be deemed abolished by
operation of law effective on January 1 of the calendar year
immediately following the calendar year in which that
consolidated election is held, provided that if after the
election, the trustees of schools by resolution elect to
abolish the offices of township treasurer and trustee of
schools effective on July 1 immediately following the election,
then the offices shall be abolished on July 1 immediately
following the election. On the date that the offices of
township treasurer and trustee of schools of a township are
deemed abolished by operation of law, the school board of each
elementary and unit school district and the school board of
each high school district that is subject to the jurisdiction
and authority of the township treasurer and trustees of schools
of that township at the time those offices are abolished: (i)
shall appoint its own school treasurer as provided in Section
8-1; and (ii) unless the term of the contract of a township
treasurer expires on the date that the office of township
treasurer is abolished, shall pay to the former township
treasurer its proportionate share of any aggregate
compensation that, were the office of township treasurer not
abolished at that time, would have been payable to the former
township treasurer after that date over the remainder of the
term of the contract of the former township treasurer that
began prior to but ends after that date. In addition, on the
date that the offices of township treasurer and trustee of
schools of a township are deemed abolished as provided in this
subsection, the school board of each elementary school, high
school and unit school district that until that date is subject
to the jurisdiction and authority of the township treasurer and
trustees of schools of that township shall be deemed by
operation of law to have agreed and assumed to pay and, when
determined, shall pay to the Illinois Municipal Retirement Fund
a proportionate share of the unfunded liability existing in
that Fund at the time these offices are abolished in that
calendar year for all annuities or other benefits then or
thereafter to become payable from that Fund with respect to all
periods of service performed prior to that date as a
participating employee in that Fund by persons serving during
those periods of service as a trustee of schools, township
treasurer or regular employee in the office of the township
treasurer of that township. That unfunded liability shall be
actuarially determined by the board of trustees of the Illinois
Municipal Retirement Fund, and the board of trustees shall
thereupon notify each school board required to pay a
proportionate share of that unfunded liability of the aggregate
amount of the unfunded liability so determined. The amount so
paid to the Illinois Municipal Retirement Fund by each of those
school districts shall be credited to the account of the
township in that Fund. For each elementary school, high school
and unit school district under the jurisdiction and authority
of a township treasurer and trustees of schools of a township
in which those offices are abolished as provided in this
subsection, each such district's proportionate share of the
aggregate compensation payable to the former township
treasurer as provided in this paragraph and each such
district's proportionate share of the aggregate amount of the
unfunded liability payable to the Illinois Municipal
Retirement Fund as provided in this paragraph shall be computed
in accordance with the ratio that the number of pupils in
average daily attendance in each such district for the school
year last ending prior to the date on which the offices of
township treasurer and trustee of schools of that township are
abolished bears to the aggregate number of pupils in average
daily attendance in all of those districts as so reported for
that school year.
Upon abolition of the offices of township treasurer and
trustee of schools of a township as provided in this
subsection: (i) the regional board of school trustees, in its
corporate capacity, shall be deemed the successor in interest
to the former trustees of schools of that township with respect
to the common school lands and township loanable funds of the
township; (ii) all right, title and interest existing or vested
in the former trustees of schools of that township in the
common school lands and township loanable funds of the
township, and all records, moneys, securities and other assets,
rights of property and causes of action pertaining to or
constituting a part of those common school lands or township
loanable funds, shall be transferred to and deemed vested by
operation of law in the regional board of school trustees,
which shall hold legal title to, manage and operate all common
school lands and township loanable funds of the township,
receive the rents, issues and profits therefrom, and have and
exercise with respect thereto the same powers and duties as are
provided by this Code to be exercised by regional boards of
school trustees when acting as township land commissioners in
counties having at least 220,000 but fewer than 2,000,000
inhabitants; (iii) the regional board of school trustees shall
select to serve as its treasurer with respect to the common
school lands and township loanable funds of the township a
person from time to time also serving as the appointed school
treasurer of any school district that was subject to the
jurisdiction and authority of the township treasurer and
trustees of schools of that township at the time those offices
were abolished, and the person selected to also serve as
treasurer of the regional board of school trustees shall have
his compensation for services in that capacity fixed by the
regional board of school trustees, to be paid from the township
loanable funds, and shall make to the regional board of school
trustees the reports required to be made by treasurers of
township land commissioners, give bond as required by
treasurers of township land commissioners, and perform the
duties and exercise the powers of treasurers of township land
commissioners; (iv) the regional board of school trustees shall
designate in the manner provided by Section 8-7, insofar as
applicable, a depositary for its treasurer, and the proceeds of
all rents, issues and profits from the common school lands and
township loanable funds of that township shall be deposited and
held in the account maintained for those purposes with that
depositary and shall be expended and distributed therefrom as
provided in Section 15-24 and other applicable provisions of
this Code; and (v) whenever there is vested in the trustees of
schools of a township at the time that office is abolished
under this subsection the legal title to any school buildings
or school sites used or occupied for school purposes by any
elementary school, high school or unit school district subject
to the jurisdiction and authority of those trustees of school
at the time that office is abolished, the legal title to those
school buildings and school sites shall be deemed transferred
by operation of law to and invested in the school board of that
school district, in its corporate capacity under Section
10-22.35B of this Code 7-28, the same to be held, sold,
exchanged leased or otherwise transferred in accordance with
applicable provisions of this Code.
Notwithstanding Section 2-3.25g of this Code, a waiver of a
mandate established under this Section may not be requested.
(Source: P.A. 94-1078, eff. 1-9-07; 94-1105, eff. 6-1-07; 95-4,
eff. 5-31-07; 95-876, eff. 8-21-08.)
(105 ILCS 5/7-01a new)
Sec. 7-01a. Purpose and applicability. The purpose of this
Article is to permit greater flexibility and efficiency in the
detachment and dissolution of school districts for the
improvement of the administration and quality of educational
services and for the best interests of pupils. This Article
applies only to school districts with under 500,000
inhabitants, but includes special charter districts (except
those districts organized under Article 34 of this Code) and
non-high school districts.
(105 ILCS 5/7-01b new)
Sec. 7-01b. Definition. In this Article, "legal resident
voter" means a person who is registered to vote at the time a
circulated petition is filed and when the regional board of
school trustees renders a decision, at the address shown
opposite his or her signature on the petition, and resides in
the detaching territory or dissolving school district.
(105 ILCS 5/7-04) (from Ch. 122, par. 7-04)
Sec. 7-04. Districts in educational service regions of
2,000,000 or more inhabitants.
(a) In all proceedings under this Article to change by
detachment, annexation, division, dissolution, or any
combination of those methods the boundaries of any school
district (other than a school district organized under Article
34) located in an educational service region of 2,000,000 or
more inhabitants in which the regional board of school trustees
is abolished as provided in subsection (a) of Section 6-2, the
trustees of schools of the township that has jurisdiction and
authority over the detaching or dissolving in which that school
district is located, as the successor under subsection (b) of
Section 6-2 to the former regional board of school trustees
with respect to all territory located in that school township,
shall have, exercise, and perform all powers, duties, and
responsibilities required under this Article to be exercised
and performed in those proceedings by a regional board of
school trustees; provided that if any detaching or dissolving
school district involved in affected by those proceedings is
not under the jurisdiction and authority of the trustees of
schools of a township located in a school township referred to
in subsection (b) of Section 5-1 and there are no trustees of
schools acting in that township then the school board of any
such district, as the successor under subsection (b) of Section
6-2 to the former regional board of school trustees with
respect to the territory comprising that school district, a
hearing panel as established in this Section shall have,
exercise, and perform all powers, duties, and responsibilities
required under this Article to be exercised and performed in
those proceedings with respect to the detaching or dissolving
the territory of that school district by a regional board of
school trustees. ; and provided further that: (i) when any
school district affected by those proceedings is located not
only in an educational service region of 2,000,000 or more
inhabitants but also in 2 or more school townships in that
region that each have trustees of schools of the township, then
the boundaries of that school district may be changed under
this Article by detachment, annexation, division, dissolution,
or any combination of those methods only by the concurrent
action of, taken following a joint hearing before the trustees
of schools of those townships (in that educational service
region) in which that school district is located; and (ii) if
any part of the school district referred to in item (i) of this
subsection also lies within an educational service region that
has a regional board of school trustees, the boundaries of that
district may be changed under this Article only by the
concurrent action of, taken following a joint hearing before
the trustees of schools of the townships referred to in item
(i) of this subsection and the regional board of school
trustees of the educational service region referred to in this
item (ii) of this subsection. Whenever concurrent action and
joint hearings are required under this subsection, the original
petition shall be filed with the trustees of schools of the
township in which the territory or greatest portion of the
territory being detached is located, or if the territory is
being detached from more than one educational service region
then with the regional board of school trustees of the region
or the trustees of schools of the township in which the
territory or greatest portion of the territory being detached
is located.
(a-5) As applicable, the hearing panel shall be made up of
3 persons who have a demonstrated interest and background in
education. Each hearing panel member must reside within an
educational service region of 2,000,000 or more inhabitants but
not within the boundaries of a school district organized under
Article 34 of this Code and may not be a current school board
member of the detaching or dissolving or annexing school
district or a current employee of the detaching or dissolving
or annexing school district or hold any county office. None of
the hearing panel members may reside within the same school
district. All 3 persons must be selected by the chief
administrative officer of the educational service center in
which the chief administrative officer has supervision and
control, as defined in Section 3-14.2 of this Code, of the
detaching or dissolving school district. The members of a
hearing panel as established in this Section shall serve
without remuneration; however, the necessary expenses,
including travel, attendant upon any meeting or hearing in
relation to a proceeding under this Article must be paid.
(a-10) The petition must be filed with the trustees of
schools of the township with jurisdiction and authority over
the detaching or dissolving school district or with the chief
administrative officer of the educational service center in
which the chief administrative officer has supervision and
control, as defined in Section 3-14.2 of this Code, of the
detaching or dissolving school district, as applicable. The
chief administrative officer of the educational service center
or a person designated by the trustees of schools of the
township, as applicable, shall have, exercise, and perform all
powers, duties, and responsibilities required under this
Article that are otherwise assigned to regional
superintendents of schools.
(b) Except as otherwise provided in this Section, all other
provisions of this Article shall apply to any proceedings under
this Article to change the boundaries of any school district
located in an educational service region having 2,000,000 or
more inhabitants in the same manner that those provisions apply
to any proceedings to change the boundaries of any school
district located in any other educational service region;
provided, that any reference in those other provisions to the
regional board of school trustees shall mean, with respect to
all territory within an educational service region containing
2,000,000 or more inhabitants that formerly was served by a
regional board of school trustees abolished under subsection
(a) of Section 6-2, the trustees of schools of the township or
the school board of the school district that is the successor
under subsection (b) of Section 6-2 to the former regional
board of school trustees with respect to the territory included
within that school township or school district or the hearing
panel as established by this Section.
(Source: P.A. 87-969.)
(105 ILCS 5/7-1) (from Ch. 122, par. 7-1)
Sec. 7-1. Changing Districts in one educational service
region - changing boundaries by detachment or dissolution.
(a) School district boundaries lying entirely within any
educational service region may be changed by detachment,
annexation, division or dissolution or any combination thereof
by the regional board of school trustees of such region, or by
the State Superintendent of Education as provided in subsection
(l) of Section 7-6, when petitioned by the boards of each
district affected or by a majority of the registered voters in
each district affected or by two-thirds of the registered
voters in any territory proposed to be detached from one or
more districts or in each of one or more districts proposed to
be annexed to another district.
The petition must be filed with and decided solely by the
regional board of school trustees of the region in which the
regional superintendent of schools has supervision and
control, as defined in Section 3-14.2 of this Code, of the
detaching or dissolving school district. The petition may be
filed in any office operated by the regional superintendent
with supervision and control, as defined in Section 3-14.2 of
this Code, of the detaching or dissolving school district.
A petition for boundary change must be filed by the school
board of the detaching or dissolving district, by a majority of
the legal resident voters in the dissolving district, or by
two-thirds of a combination of the legal resident voters and
the owners of record of any real estate with no legal resident
voters in any territory proposed to be detached. If any of the
territory proposed to be detached contains real estate with no
legal resident voters, petitioners shall deliver the petition
by certified mail, return receipt requested, to all owners of
record of any real estate with no legal resident voters. Proof
of such delivery must be presented as evidence at the hearing
required under Section 7-6 of this Code. Any owner of record of
real estate with no legal resident voters in any territory
proposed to be detached may either sign the petition in person
and before the circulator as described in this Section or
return the petition with his or her notarized signature to be
included as a petitioner. No person may sign a petition in the
capacity of both a legal resident voter and owner of record. If
there are no legal resident voters within the territory
proposed to be detached, then the petition must be signed by
all of the owners of record of the real estate of the
territory. Legal resident Registered voters shall be
determined by the official voter registration lists as of the
date the petition is filed. No signatures shall be added or
withdrawn after the date the petition is filed. The length of
time for signatures to be valid, before filing of the petition,
shall not exceed 6 months. Notwithstanding any provision to the
contrary contained in the Election Code, the regional
superintendent of schools shall make all determinations
regarding the validity of the petition, including, without
limitation, signatures on the petition. If the regional
superintendent determines that the petition is not in proper
order or not in compliance with any applicable petition
requirements, the regional superintendent may not accept the
petition for filing and may return the petition to the
petitioners. Any party who is dissatisfied with the
determination of the regional superintendent regarding the
validity of the petition may appeal the regional
superintendent's decision to the regional board of school
trustees by motion, and the motion must be heard by the
regional board of school trustees prior to any hearing on the
merits of the petition. If there are no registered voters
within the territory proposed to be detached from one or more
districts, then the petition may be signed by all of the owners
of record of the real estate of the territory. Notwithstanding
any other provisions of this Article, if pursuant to a petition
filed under this subsection all of the territory of a school
district is to be annexed to another school district, any
action by the regional board of school trustees or State
Superintendent of Education in granting or approving the
petition and any change in school district boundaries pursuant
to that action is subject to and the change in school district
boundaries shall not be made except upon approval at a regular
scheduled election, in the manner provided by Section 7-7.7, of
a proposition for the annexation of all of the territory of
that school district to the other school district.
Petitions for detachment and dissolution Each page of the
circulated petition shall include the full prayer of the
petition with a general description of the territory at the top
of each page. Each , and each signature contained therein shall
match the official signature and address of the legal resident
registered voters as recorded in the office of the county clerk
or board of election commissioners, and each election authority
having jurisdiction over the county. Each petitioner shall also
record the date of his or her signing. Except in instances of a
notarized signature of an owner of record of real estate with
no legal resident voters in any territory proposed to be
detached, each Each page of the circulated petition shall be
signed by a circulator stating that he or she has who has
witnessed the signature of each petitioner on that page.
Detachment petitions containing 10 or fewer signatures may be
notarized in lieu of a circulator statement. Each petition
shall include an accurate legal description and map of the
territory proposed to be detached. If a petition proposes to
dissolve an entire district, then the full name and number of
the district and a map are sufficient. Each petition shall
include the names of petitioners; the district to be dissolved
or the district from which the territory is proposed to be
detached; the district or districts to which the territory is
proposed to be annexed; evidence that the detaching or
dissolving territory is compact and contiguous with the
annexing district or districts or otherwise meets the
requirements set forth in Section 7-4 of this Code; the
referendum date, if applicable; and facts that support
favorable findings for the factors to be considered by the
regional board of school trustees pursuant to Section 7-6 of
this Code. The length of time for signatures to be valid,
before filing of the petition, shall not exceed 6 months.
Where there is only one school building in an approved
operating district, the building and building site may not be
included in any detachment proceeding unless petitioned by
two-thirds of the registered voters within the entire district
wherein the school is located.
Notwithstanding any other provisions of this Code, if,
pursuant to a petition filed under this subsection (a), all of
the territory of a school district is to be annexed to another
school district, then any action by the regional board of
school trustees in granting or approving the petition and any
change in school district boundaries pursuant to that action is
subject to and the change in school district boundaries may not
be made except upon approval, at a regular scheduled election,
in the manner provided by Section 7-7.7 of this Code, of a
proposition for the annexation of all of the territory of that
school district to the other school district.
No petition may be filed under this Section to form a new
school district under this Article; however, such a petition
may be filed under this Section to form a new school district
if the boundaries of such new school district lie entirely
within the boundaries of a military base or installation
operated and maintained by the government of the United States.
(b) Any elementary or high school district with 100 or more
of its students residing upon territory located entirely within
a military base or installation operated and maintained by the
government of the United States, or any unit school district or
any combination of the above mentioned districts with 300 or
more of its students residing upon territory located entirely
within a military base or installation operated and maintained
by the government of the United States, shall, upon the filing
with the regional board of school trustees of a petition
adopted by resolution of the board of education or a petition
signed by a majority of the registered voters residing upon
such military base or installation, have all of the territory
lying entirely within such military base or installation
detached from such school district, and a new school district
comprised of such territory shall be created. The petition
shall be filed with and decided solely by the regional board of
school trustees of the region in which the regional
superintendent of schools has supervision and control, as
defined by Section 3-14.2 of this Code, of the school district
affected. The regional board of school trustees shall have no
authority to deny the detachment and creation of a new school
district requested in a proper petition filed under this
subsection. This subsection shall apply only to those school
districts having a population of not fewer than 1,000 and not
more than 500,000 residents, as ascertained by any special or
general census.
The new school district shall tuition its students to the
same districts that its students were previously attending and
the districts from which the new district was detached shall
continue to educate the students from the new district, until
the federal government provides other arrangements. The
federal government shall pay for the education of such children
as required by Section 6 of Public Law 81-874.
If a school district created under this subsection (b) has
not elected a school board and has not become operational
within 2 years after the date of detachment, then this district
is automatically dissolved and the territory of this district
reverts to the school district from which the territory was
detached or any successor district thereto. Any school district
created under this subsection (b) on or before September 1,
1996 that has not elected a school board and has not been
operational since September 1, 1996 is automatically dissolved
on the effective date of this amendatory Act of 1999, and on
this date the territory of this district reverts to the school
district from which the territory was detached. For the
automatic dissolution of a school district created under this
subsection (b), the regional superintendent of schools who has
supervision and control, as defined by Section 3-14.2 of this
Code, of the school district from which the territory was
detached shall certify to the regional board of school trustees
that the school district created under this subsection (b) has
been automatically dissolved.
(Source: P.A. 90-459, eff. 8-17-97; 91-460, eff. 8-6-99.)
(105 ILCS 5/7-2a) (from Ch. 122, par. 7-2a)
Sec. 7-2a. (a) (Blank). Except as provided in subsection
(b) of this Section, any petition for dissolution filed under
this Article must specify the school district or districts to
which all of the territory of the district proposed to be
dissolved will be annexed. Any petition for dissolution may be
made by the board of education of the district or a majority of
the legal voters residing in the district proposed to be
dissolved. No petition from any other district affected by the
proposed dissolution shall be required.
(b) Any school district with a population of less than
5,000 residents or an enrollment of less than 750 students, as
determined by the district's most recent fall enrollment counts
as posted on the State Board of Education's website current
fall housing report filed with the State Board of Education,
shall be dissolved and its territory annexed as provided in
Section 7-11 of this Code by the regional board of school
trustees upon the filing with the regional board of school
trustees of a petition adopted by resolution of the board of
education or a petition signed by a majority of the legal
resident registered voters of the district seeking such
dissolution. No petition shall be adopted or signed under this
subsection until the board of education or the petitioners, as
the case may be, shall have given at least 10 days' notice to
be published once in a newspaper having general circulation in
the district and shall have conducted a public informational
meeting to inform the residents of the district of the proposed
dissolution and to answer questions concerning the proposed
dissolution. The petition shall be filed with and decided
solely by the regional board of school trustees of the region
in which the regional superintendent of schools has supervision
and control, as defined by Section 3-14.2 of this Code, of the
school district being dissolved.
The regional board of school trustees shall not act on a
petition filed by a board of education if within 45 days after
giving the first notice of the hearing required under Section
7-11 of this Code a petition in opposition to the petition of
the board to dissolve, signed by a majority of the legal
resident registered voters of the district, is filed with the
regional board of school trustees. In such an event, the
dissolution petition is dismissed on procedural grounds by
operation of law and the regional board of school trustees
shall have no further authority to consider the petition. A
dissolution petition dismissed as the result of a valid
opposition petition is not subject to the limitation on
successive petitions as provided in Section 7-8 of this Code,
and a new petition may be filed upon receipt of the regional
board of school trustees' notice stating that the original
petition was dismissed by operation of law.
For all petitions under this Section, the legal resident
voters must be determined by the official voter registration
lists as of the date the petition is filed. No signatures may
be added or withdrawn after the date the petition is filed. The
length of time for signatures to be valid, before filing of the
petition, may not exceed 6 months. Notwithstanding any
provision to the contrary contained in the Election Code, the
regional superintendent of schools shall make all
determinations regarding the validity of the petition,
including, without limitation, signatures on the petition. Any
party who is dissatisfied with the determination of the
regional superintendent regarding the validity of the petition
may appeal the regional superintendent's decision to the
regional board of school trustees by motion, and the motion
must be heard by the regional board of school trustees prior to
any hearing on annexing the territory of a district being
dissolved. If no opposition petition is timely filed, the The
regional board of school trustees shall have no authority to
deny dissolution requested in a proper petition for dissolution
filed under this Section subsection (b), but shall exercise its
discretion in accordance with Section 7-11 of this Code on the
issue of annexing the territory of a district being dissolved,
giving consideration to but not being bound by the wishes
expressed by the residents of the various school districts that
may be affected by such annexation.
When dissolution and annexation become effective for
purposes of administration and attendance as determined
pursuant to Section 7-11, the positions of teachers in
contractual continued service in the district being dissolved
are transferred to an annexing district or to annexing
districts pursuant to the provisions of subsection (h) of
Section 24-11 of this Code relative to teachers having
contractual continued service status whose positions are
transferred from one board to the control of a different board,
and those said provisions of subsection (h) of Section 24-11 of
this Code shall apply to said transferred teachers. In the
event that the territory is added to 2 or more districts, the
decision on which positions shall be transferred to which
annexing districts shall be made giving consideration to the
proportionate percent of pupils transferred and the annexing
districts' staffing needs, and the transfer of specific
individuals into such positions shall be based upon the request
of those teachers in order of seniority in the dissolving
district. The contractual continued service status of any
teacher thereby transferred to an annexing district is not lost
and the different board is subject to this Act with respect to
such transferred teacher in the same manner as if such teacher
was that district's employee and had been its employee during
the time such teacher was actually employed by the board of the
dissolving district from which the position was transferred.
(Source: P.A. 98-125, eff. 8-2-13; 99-657, eff. 7-28-16.)
(105 ILCS 5/7-2.4) (from Ch. 122, par. 7-2.4)
Sec. 7-2.4. A petition for detachment of territory from a
special charter district with annexation to another school
district, for detachment of territory from a school district
with annexation to a special charter district, or for
dissolution of a school district with annexation to a special
charter district for annexation to or detachment of territory
from a special charter school district must be filed with the
governing body of the special charter district, and a certified
copy thereof must be sent to each other detaching, dissolving,
or annexing school district affected and to the regional county
board of school trustees of the region county in which the
regional county superintendent has supervision and control, as
defined in Section 3-14.2 of this Code, of the detaching or
dissolving district from which the petition seeks to have
territory detached, or if territory is being detached from more
than one county, to the county board of school trustees of the
county in which the county superintendent has supervision over
the greatest portion of such territory. A petition request for
such annexation or detachment of territory must be filed by the
school board of the detaching or dissolving district, by a
majority of the legal resident voters in the dissolving
district, or by two-thirds of a combination of the legal
resident voters and the owners of record of any real estate
with no legal resident voters in any territory proposed to be
may be initiated by any district affected by such proposed
annexation or detachment of territory by a petition signed by
the board of education and by 25% or 1,000 of the legal voters
of the district, whichever is less, or by 50% of the legal
voters residing in any territory requesting to be annexed or
detached. If any of the territory proposed to be detached
contains real estate with no legal resident voters, petitioners
shall deliver the petition by certified mail, return receipt
requested, to all owners of record of any real estate with no
legal resident voters. Proof of the delivery must be presented
as evidence at any hearing required by Section 7-2.6 of this
Code. Any owner of record of real estate with no legal resident
voters in any territory proposed to be detached may either sign
the petition in person and before the circulator as described
in Section 7-1 of this Code or return the petition with his or
her notarized signature to be included as a petitioner. No
person may sign a petition in the capacity of both a legal
resident voter and owner of record. If there are no legal
resident voters residing within the territory proposed to be
detached or annexed, then the petition must may be signed by
all 50% of the owners of record of the real estate of the
territory. Petitions must contain all of the elements set forth
in subsection (a) of Section 7-1 of this Code.
Where there is only one school building in an approved
operating school district, the building and building site may
not be included in any detachment proceeding unless the
petition is signed by 2/3 of the eligible voters within the
entire district wherein the school is located.
(Source: Laws 1967, p. 2540.)
(105 ILCS 5/7-2.5) (from Ch. 122, par. 7-2.5)
Sec. 7-2.5. If no objection to the dissolution annexation
or detachment of territory, prayed for in a petition under
Section 7-2.4 of this Code , is filed with the special charter
school district or with the regional board of school trustees
within 30 days after notice of the filing of such petition for
annexation or detachment is given to each district affected,
the dissolution annexation or detachment of territory takes
effect, subject to Section 7-9 of this Code Act. However, if an
objection to the proposed dissolution annexation or detachment
of territory is filed with either the special charter district
or the regional board of school trustees, the regional board of
school trustees, within 15 days after receiving the objection,
shall appoint 2 legal resident voters from the district or
districts under its their jurisdiction and involved in the
proposed dissolution annexation or detachment of territory,
subject to the approval of the boards of education of the
districts involved in the proposed dissolution or detachment of
territory affected, and the board or governing body of the
special charter district shall appoint 2 legal resident voters
from the special charter district. Those 4 appointees shall
meet within 20 days of their appointment and by a majority vote
select 3 persons who reside outside the jurisdiction of the
districts involved in affected by the proposed dissolution
annexation or detachment of territory and who have a
demonstrated interest and background in education. If a
majority of the original 4 appointees cannot agree on the
selection of the 3 additional members within 20 days of their
appointment, the State Board of Education shall select the 3
additional persons, subject to the same criteria as required
when selection is by the 4 appointees. The 4 appointees and the
3 additional persons selected under this Section constitute the
Hearing Board and 4 members shall constitute a quorum.
Within 10 days after the Hearing Board has been selected
the regional superintendent of schools of the region in which
the special charter district is located shall call an
organization meeting of said Hearing Board.
(Source: P.A. 81-1508.)
(105 ILCS 5/7-2.6) (from Ch. 122, par. 7-2.6)
Sec. 7-2.6. At its organization meeting, the Hearing Board
shall choose from its membership a chairman and a secretary.
The secretary shall cause a copy of such petition to be sent to
the president of the school each board of each detaching or
dissolving and annexing school district any district involved
in the proposed boundary change, and shall cause a notice
thereof to be published once in a newspaper having general
circulation within the area of the detaching or dissolving and
annexing territory described in the petition for the proposed
change of boundaries. The petitioners shall pay the expenses of
publishing the notice and of any transcript taken at the
hearing and mailing the final order. In case of an appeal from
the decision of the Hearing Board, the appellants shall pay the
cost of preparing the record for appeal. The notice must state
when the petition was filed, the description of the detaching
territory or name of the dissolving district, the name of the
annexing district, the prayer of the petition, and the day and
time on and location in which the hearing upon the petition
will be held, which day may not be more than 30 15 nor less than
15 calendar 10 days after the publication of notice. Any
additional expense not enumerated above shall be borne equally
by the school districts involved.
The Hearing Board shall hear the petition and determine the
sufficiency thereof and may adjourn the hearing from time to
time or continue the matter for want of sufficient notice or
for other good cause. The Hearing Board (a) shall hear evidence
as to the school needs and conditions of the territory in the
area within and adjacent thereto, and as to the ability of the
districts affected to meet the standards of recognition as
prescribed by the State Board of Education, (b) shall take into
consideration the division of funds and assets which will
result from any change of boundaries, and the will of the
people of the area affected, and (c) shall determine whether it
is to the best interests of the schools of the area and the
educational welfare of the pupils should such change in
boundaries be granted.
The Hearing Board may administer oaths, determine the
admissibility of evidence, and issue subpoenas for the
attendance of witnesses and subpoena duces tecum for the
production of documents. At the hearing, any resident in the
territory prescribed in the petition, or any resident in any
detaching, dissolving, or annexing school district or any
representative of a detaching, dissolving, or annexing school
district affected by the proposed change of boundaries, may
appear in person or by attorney in support of the petition or
to object to the granting of the petition and may present give
evidence in support of his or her position through either oral
or written testimony. At the conclusion of the hearing, the
Hearing Board shall, within 30 days, enter an order either
granting or denying the petition. The Hearing Board shall
deliver a certified copy of the order by certified mail, return
receipt requested, and shall deliver to the petitioners; the
president of the school board of each detaching or dissolving
and annexing district; any person providing testimony in
support of or opposition to the petition at the hearing; , to
all affected districts, to any person who has filed his or her
appearance in writing at the hearing or to any attorney who
appears for any person; , to any objector who testified at such
hearing, and to the regional superintendent of schools who has
supervision and control, as defined in Section 3-14.2 of this
Code, of each detaching or dissolving and annexing district of
each region in which the territory or any district affected
lies, a certified copy of its order by registered mail. The
Hearing Board is not required to send a copy of the Hearing
Board's order to those attending the hearing but not
participating. The final order shall be in writing and include
findings of fact, conclusions of law, and the decision to grant
or deny the petition.
Within 10 days after service of the certified copy of the
order granting or denying the petition, any person so served
may petition for rehearing and upon sufficient cause being
shown, the Hearing Board may grant a rehearing. The petition
for rehearing shall specify the reason for the request. The
Hearing Board shall first determine whether there is sufficient
cause for a rehearing. If so determined, then the Hearing Board
shall allow the petition to be heard anew in its entirety in
accordance with all procedures in this Section. The party
requesting a rehearing shall pay the expenses of publishing the
notice and of any transcript taken at the hearing. The filing
of a petition for rehearing operates as a stay of enforcement
until the Hearing Board board enters its final order on that
petition for rehearing.
(Source: P.A. 84-551.)
(105 ILCS 5/7-2.7) (from Ch. 122, par. 7-2.7)
Sec. 7-2.7. The decision of the Hearing Board under Section
7-2.6 is an "administrative decision" as defined in Section
3-101 of the Code of Civil Procedure, and any resident, who
appears at the hearings, or any petitioner, or board of
education entitled to receive a certified copy of the Hearing
Board's order of any district affected, may, within 35 days
after a copy of the decision sought to be reviewed was served
by certified mail, return receipt requested, upon the resident,
petitioner, or board of education, registered mail upon the
party affected thereby, file a complaint for a judicial review
of that decision in accordance with the Administrative Review
Law and the rules adopted pursuant thereto. The commencement of
any action for judicial review operates as a stay of
enforcement, and no further proceedings must not may be had
until final disposition of such review. Any change in
boundaries resulting from the proceedings under Sections 7-2.4
through 7-2.7 takes effect on the date determined pursuant to
Section 7-9 of this Code Act.
(Source: P.A. 84-551.)
(105 ILCS 5/7-4) (from Ch. 122, par. 7-4)
Sec. 7-4. Requirements for granting petitions. No petition
shall be granted under Section 7-1 or 7-2 of this Code:
(a) If there will be any non-high school territory
resulting from the granting of the petition.
(b) (Blank). Unless after granting the petition any
community unit district, community consolidated district,
elementary district or high school district created shall have
a population of at least 2,000 and an equalized assessed
valuation of at least $6,000,000 based upon the last value as
equalized by the Department of Revenue as of the date of filing
of the petition.
(c) Unless the territory within any district so created or
any district whose boundaries are affected by the granting of a
petition shall after the granting thereof be compact and
contiguous, except as provided in Section 7-6 of this Code or
as otherwise provided in this subdivision (c). The fact that a
district is divided by territory lying within the corporate
limits of the city of Chicago shall not render it non-compact
or non-contiguous. If, pursuant to a petition filed under
Section 7-1 or 7-2 of this Code, all of the territory of a
district is to be annexed to another district, then the
annexing district and the annexed district need not be
contiguous if the following requirements are met and documented
within 2 calendar years prior to the petition filing date:
(1) the distance between each district administrative
office is documented as no more than 30 miles;
(2) every district contiguous to the district wishing
to be annexed determines that it is not interested in
participating in a petition filed under Section 7-1 or 7-2
of this Code, through a vote of its school board, and
documents that non-interest in a letter to the regional
board of school trustees containing approved minutes that
record the school board vote; and
(3) documentation of meeting these requirements are
presented as evidence at the hearing required under Section
7-6 of this Code.
(d) (Blank). To create any school district with a
population of less than 2,000 unless the State Board of
Education and the regional superintendent of schools for the
region in which the proposed district will lie shall certify to
the regional board or boards of school trustees that the
creation of such new district will not interfere with the
ultimate reorganization of the territory of such proposed
district as a part of a district having a population of 2,000
or more. Notwithstanding any other provisions of this Article,
the granting or approval by a regional board or regional boards
of school trustees or by the State Superintendent of Education
of a petition that under subsection (b-5) of Section 7-6 is
required to request the submission of a proposition at a
regular scheduled election for the purpose of voting for or
against the annexation of the territory described in the
petition to the school district proposing to annex that
territory is subject to, and any change in school district
boundaries pursuant to the granting of the petition shall not
be made except upon, approval of the proposition at the
election in the manner provided by Section 7-7.7.
(Source: P.A. 98-125, eff. 8-2-13.)
(105 ILCS 5/7-4.1) (from Ch. 122, par. 7-4.1)
Sec. 7-4.1. Copies of petition. Each petition submitted
under the provisions of Section 7-1 of this Code or 7-2 shall
include proof of notice to owners of record of real estate with
no legal resident voters in any territory proposed to be
detached, if applicable, and be accompanied by sufficient
copies thereof for distribution to the president of the school
board of each detaching or dissolving and annexing school
district involved. The copies need not contain original
signatures be signed by the petitioners as is required of the
original petition.
(Source: Laws 1963, p. 3037.)
(105 ILCS 5/7-5) (from Ch. 122, par. 7-5)
Sec. 7-5. Detachment set aside upon petition. If there is a
recognized school district which as a result of detachment is
without a school building, the detachment may be set aside by
the regional county board of school trustees of the region in
county over which the regional county superintendent of schools
had supervision and control, as defined in Section 3-14.2 of
this Code, prior to the detachment upon petition by two-thirds
of the eligible voters in the school district after such
detachment and the detached area. The regional county board of
school trustees shall conduct a hearing upon the petition as
prescribed and in the manner provided in Section 7-6 of this
Code.
(Source: Laws 1961, p. 31.)
(105 ILCS 5/7-6) (from Ch. 122, par. 7-6)
Sec. 7-6. Petition filing; notice; hearing; decision.
(a) The secretary of the regional board of school trustees
or his or her designee, the chief administrative officer of an
educational service center under Section 7-04 of this Code or
his or her designee, or the person designated by the trustees
of schools of the township in accordance with subsection (a-10)
of Section 7-04 of this Code, as appropriate, shall receive the
filing of the petition, make the determination of validity in
accordance with subsection (a) of Section 7-1 of this Section,
publish the notice, conduct the hearing, and issue the final
order. Upon the filing of a petition with the secretary of the
regional board of school trustees under the provisions of
Section 7-1 or 7-2 of this Code, Act the secretary shall cause
a copy of such petition to be given to the president of the
school each board of each detaching or dissolving and annexing
school any district involved in the proposed boundary change
and shall cause a notice thereof to be published once in a
newspaper having general circulation within the area of the
detaching or dissolving and annexing territory described in the
petition for the proposed change of boundaries.
(b) (Blank). When a joint hearing is required under the
provisions of Section 7-2, the secretary also shall cause a
copy of the notice to be sent to the regional board of school
trustees of each region affected. Notwithstanding the
foregoing provisions of this Section, if the secretary of the
regional board of school trustees with whom a petition is filed
under Section 7-2 fails, within 30 days after the filing of
such petition, to cause notice thereof to be published and sent
as required by this Section, then the secretary of the regional
board of school trustees of any other region affected may cause
the required notice to be published and sent, and the joint
hearing may be held in any region affected as provided in the
notice so published.
(b-5) If a petition filed under subsection (a) of Section
7-1 of this Code or under Section 7-2 proposes to annex all the
territory of a school district to another school district, the
petition shall request the submission of a proposition at a
regular scheduled election for the purpose of voting for or
against the annexation of the territory described in the
petition to the school district proposing to annex that
territory. No petition filed or election held under this
Article shall be null and void, invalidated, or deemed in
noncompliance with the Election Code because of a failure to
publish a notice with respect to the petition or referendum as
required under subsection (g) of Section 28-2 of that Code for
petitions that are not filed under this Article or Article 11E
of this Code.
(c) When a petition contains more than 10 signatures the
petition shall designate a committee of 10 of the petitioners
as attorney in fact for all petitioners, any 7 of whom may make
binding stipulations on behalf of all petitioners as to any
question with respect to the petition or hearing or joint
hearing, and the regional board of school trustees, or regional
boards of school trustees in cases of a joint hearing may
accept such stipulation in lieu of evidence or proof of the
matter stipulated. The committee of petitioners shall have the
same power to stipulate to accountings or waiver thereof
between school districts; however, the regional board of school
trustees, or regional boards of school trustees in cases of a
joint hearing may refuse to accept such stipulation. Those
designated as the committee of 10 shall serve in that capacity
until such time as the regional superintendent of schools or
the committee of 10 determines that, because of death,
resignation, transfer of residency from the territory, or
failure to qualify, the office of a particular member of the
committee of 10 is vacant. Upon determination that a vacancy
exists, the remaining members shall appoint a petitioner to
fill the designated vacancy on the committee of 10. The
appointment of any new members by the committee of 10 shall be
made by a simple majority vote of the remaining designated
members.
(d) The petition may be amended to withdraw not to exceed a
total of 10% of the territory in the petition at any time prior
to the hearing or joint hearing; provided that the petition
shall after amendment comply with the requirements as to the
number of signatures required on an original petition.
(e) The petitioners shall pay the expenses of publishing
the notice and of any transcript taken at the hearing and
mailing the final order or joint hearing; and, in case of an
appeal from the decision of the regional board of school
trustees, or regional boards of school trustees in cases of a
joint hearing, or State Superintendent of Education in cases
determined under subsection (l) of this Section, the appellants
shall pay the cost of preparing the record for appeal. The
regional superintendent of schools with whom the petition is
filed may request a deposit at the time of filing to cover
expenses as provided in this subsection (e).
(f) The notice shall state when the petition was filed, the
description of the detaching territory or name of the
dissolving district, the name of the annexing district, the
prayer of the petition, and the return day and time on and
location in which the hearing or joint hearing upon the
petition will be held, which shall not be more than 30 15 nor
less than 15 calendar 10 days after the publication of notice.
(g) Prior to the hearing, the secretary of the regional
board of school trustees shall submit to the regional board of
school trustees maps showing the districts involved and a
written report of the financial and educational conditions of
the districts involved and the probable effect of the proposed
changes. The reports and maps submitted must be made a part of
the record of the proceedings of the regional board of school
trustees. A copy of the report and maps submitted must be sent
by the secretary of the regional board of school trustees to
the president of the school board of each detaching or
dissolving and annexing school district not less than 5 days
prior to the day upon which the hearing is to be held. On such
return day or on a day to which the regional board of school
trustees, or regional boards of school trustees in cases of a
joint hearing shall continue the hearing or joint hearing the
regional board of school trustees, or regional boards of school
trustees in cases of a joint hearing shall hear the petition
but may adjourn the hearing or joint hearing from time to time
or may continue the matter for want of sufficient notice or
other good cause.
(h) On the hearing day or on a day to which the regional
board of school trustees shall continue the hearing, the
regional board of school trustees shall hear the petition but
may adjourn the hearing from time to time or may continue the
matter for want of sufficient notice or other good cause. Prior
to the hearing or joint hearing the secretary of the regional
board of school trustees shall submit to the regional board of
school trustees, or regional boards of school trustees in cases
of a joint hearing maps showing the districts involved, a
written report of financial and educational conditions of
districts involved and the probable effect of the proposed
changes. The reports and maps submitted shall be made a part of
the record of the proceedings of the regional board of school
trustees, or regional boards of school trustees in cases of a
joint hearing. A copy of the report and maps submitted shall be
sent by the secretary of the regional board of school trustees
to each board of the districts involved, not less than 5 days
prior to the day upon which the hearing or joint hearing is to
be held.
(h-5) Except for motions and briefs challenging the
validity of a petition or otherwise challenging the
jurisdiction of the regional board of school trustees to
conduct a hearing on a petition and except for motions and
briefs related to the type of evidence the regional board of
school trustees may consider under subsection (i) of this
Section, no other motions, pleadings, briefs, discovery
requests, or other like documents may be filed with the
regional board of school trustees or served on other parties,
and the regional board of school trustees shall have no
authority to consider such documents, except that if a legal
issue arises during a hearing, then the regional board of
school trustees may, at its discretion, request briefs to be
submitted to it on that issue.
(i) The regional board of school trustees shall hear
evidence as to the school needs and conditions of the territory
in the area within and adjacent thereto and the effect
detachment will have on those needs and conditions and as to
the ability of the detaching or dissolving and annexing school
districts to meet the standards of recognition as prescribed by
the State Board of Education, shall take into consideration the
division of funds and assets that will result from the change
of boundaries, and shall determine whether it is in the best
interests of the schools of the area and the direct educational
welfare of the pupils that such change in boundaries be
granted. If non-high school territory is contained in the
petition, the normal high school attendance pattern of the
pupils must be taken into consideration. However, upon
resolution by the regional board of school trustees, the
secretary thereof shall conduct the hearing upon any boundary
petition and present a transcript of such hearing to the
trustees, who shall base their decision upon the transcript,
maps, and information and any presentation of counsel. The
regional board of school trustees or regional boards of school
trustees in cases of a joint hearing shall hear evidence as to
the school needs and conditions of the territory in the area
within and adjacent thereto and the effect detachment will have
on those needs and conditions and as to the ability of the
districts affected to meet the standards of recognition as
prescribed by the State Board of Education, and shall take into
consideration the division of funds and assets which will
result from the change of boundaries and shall determine
whether it is to the best interests of the schools of the area
and the direct educational welfare of the pupils that such
change in boundaries be granted, and in case non-high school
territory is contained in the petition the normal high school
attendance pattern of the children shall be taken into
consideration. If the non-high school territory overlies an
elementary district, a part of which is in a high school
district, such territory may be annexed to such high school
district even though not contiguous to the high school
district. However, upon resolution by the regional board of
school trustees, or regional boards of school trustees in cases
of a joint hearing the secretary or secretaries thereof shall
conduct the hearing or joint hearing upon any boundary petition
and present a transcript of such hearing to the trustees who
shall base their decision upon the transcript, maps and
information and any presentation of counsel. In the instance of
a change of boundaries through detachment:
(1) When considering the effect the detachment will
have on the direct educational welfare of the pupils, the
regional board of school trustees or the regional boards of
school trustees shall consider a comparison of the school
report cards for the schools of the detaching and annexing
affected districts and the school district report cards for
the detaching and annexing affected districts only if there
is no more than a 3% difference in the minority,
low-income, and English learner student populations of the
relevant schools of the districts.
(2) The community of interest of the petitioners and
their children and the effect detachment will have on the
whole child may be considered only if the regional board of
school trustees or the regional boards of school trustees
first determines determine that there would be a
significant direct educational benefit to the petitioners'
children if the change in boundaries were allowed.
(3) When petitioners cite an annexing district
attendance center or centers in the petition or during
testimony, the regional board of school trustees or the
regional boards of school trustees may consider the
difference in the distances from the detaching area to the
current attendance centers and the cited annexing district
attendance centers only if the difference is no less than
10 miles shorter to one of the cited annexing district
attendance centers than it is to the corresponding current
attendance center.
(4) The regional board of school trustees or the
regional boards of school trustees may not grant a petition
if doing so will increase the percentage of minority or
low-income students or English learners by more than 3% at
the attendance center where students in the detaching
territory currently attend, provided that if the
percentage of any one of those groups also decreases at
that attendance center, the regional board or boards may
grant the petition upon consideration of other factors
under this Section and this Article.
(5) The regional board of school trustees or the
regional boards of school trustees may not consider whether
changing the boundaries will increase the property values
of the petitioners' property.
The factors in subdivisions (1) through (5) of this
subsection (i) are applicable whether or not there are children
residing in the petitioning area at the time the hearing is
conducted.
If the regional board of school trustees or the regional
boards of school trustees grants a petition to change school
district boundaries, then the annexing school district shall
determine the attendance center or centers that children from
the petitioning area shall attend.
(j) At the hearing, or joint hearing any resident of the
territory described in the petition or any resident in any
detaching, dissolving, or annexing school district or any
representative of a detaching, dissolving, or annexing school
district affected by the proposed change of boundaries may
appear in person or by an attorney in support of the petition
or to object to the granting of the petition and may present
evidence in support of his or her position through either oral
or written testimony.
(k) At the conclusion of the hearing, the regional
superintendent of schools as secretary to the regional board of
school trustees shall, within 30 days, enter an order either
granting or denying the petition. The regional superintendent
of schools shall deliver a certified copy of the order by
certified mail, return receipt requested, to the petitioners or
committee of petitioners, as applicable; the president of the
school board of each detaching or dissolving and annexing
district; any person providing testimony in support of or
opposition to the petition at the hearing; and any attorney who
appears for a person. The regional superintendent of schools
shall also deliver a copy of the order to the regional
superintendent of schools who has supervision and control, as
defined in Section 3-14.2 of this Code, of the annexing
district if different from the regional superintendent of
schools with whom the petition was filed. The regional
superintendent of schools is not required to send a copy of the
regional board of school trustees' order to those attending the
hearing but not participating. The final order shall be in
writing and include findings of fact, conclusions of law, and
the decision to grant or deny the petition. At the conclusion
of the hearing, other than a joint hearing, the regional
superintendent of schools as ex officio member of the regional
board of school trustees shall within 30 days enter an order
either granting or denying the petition and shall deliver to
the committee of petitioners, if any, and any person who has
filed his appearance in writing at the hearing and any attorney
who appears for any person and any objector who testifies at
the hearing and the regional superintendent of schools a
certified copy of its order.
(l) Notwithstanding the foregoing provisions of this
Section, if within 12 9 months after a petition is submitted
under the provisions of Section 7-1 of this Code the petition
is not approved or denied by the regional board of school
trustees and the order approving or denying that petition
entered and a copy thereof served as provided in this Section,
petitioners the school boards or registered voters of the
districts affected that submitted the petition (or the
committee of 10, or an attorney acting on its behalf, if
designated in the petition) may submit a copy of the petition
directly to the State Superintendent of Education for approval
or denial. The copy of the petition as so submitted shall be
accompanied by a record of all proceedings had with respect to
the petition up to the time the copy of the petition is
submitted to the State Superintendent of Education (including a
copy of any notice given or published, any certificate or other
proof of publication, copies of any maps or written report of
the financial and educational conditions of the school
districts affected if furnished by the secretary of the
regional board of school trustees, copies of any amendments to
the petition and stipulations made, accepted or refused, a
transcript of any hearing or part of a hearing held, continued
or adjourned on the petition, and any orders entered with
respect to the petition or any hearing held thereon). The
petitioners school boards, registered voters or committee of 10
submitting the petition and record of proceedings to the State
Superintendent of Education shall give written notice by
certified mail, return receipt requested, to the regional board
of school trustees and to the secretary of that board and to
the detaching or dissolving and annexing school districts that
the petition has been submitted to the State Superintendent of
Education for approval or denial, and shall furnish a copy of
the notice so given to the State Superintendent of Education.
The cost of assembling the record of proceedings for submission
to the State Superintendent of Education shall be the
responsibility of the petitioners that submit school boards,
registered voters or committee of 10 that submits the petition
and record of proceedings to the State Superintendent of
Education. When a petition is submitted to the State
Superintendent of Education in accordance with the provisions
of this paragraph:
(1) The regional board of school trustees loses all
jurisdiction over the petition and shall have no further
authority to hear, approve, deny or otherwise act with
respect to the petition.
(2) All jurisdiction over the petition and the right
and duty to hear, approve, deny or otherwise act with
respect to the petition is transferred to and shall be
assumed and exercised by the State Superintendent of
Education.
(3) The State Superintendent of Education shall not be
required to repeat any proceedings that were conducted in
accordance with the provisions of this Section prior to the
time jurisdiction over the petition is transferred to him,
but the State Superintendent of Education shall be required
to give and publish any notices and hold or complete any
hearings that were not given, held or completed by the
regional board of school trustees or its secretary as
required by this Section prior to the time jurisdiction
over the petition is transferred to the State
Superintendent of Education.
(4) If so directed by the State Superintendent of
Education, the regional superintendent of schools shall
submit to the State Superintendent of Education and to such
school boards as the State Superintendent of Education
shall prescribe accurate maps and a written report of the
financial and educational conditions of the districts
affected and the probable effect of the proposed boundary
changes.
(5) The State Superintendent is authorized to conduct
further hearings, or appoint a hearing officer to conduct
further hearings, on the petition even though a hearing
thereon was held as provided in this Section prior to the
time jurisdiction over the petition is transferred to the
State Superintendent of Education.
(6) The State Superintendent of Education or the
hearing officer shall hear evidence and approve or deny the
petition and shall enter an order to that effect and
deliver and serve the same as required in other cases to be
done by the regional board of school trustees and the
regional superintendent of schools as secretary an ex
officio member of that board.
(m) (Blank). Within 10 days after the conclusion of a joint
hearing required under the provisions of Section 7-2, each
regional board of school trustees shall meet together and
render a decision with regard to the joint hearing on the
petition. If the regional boards of school trustees fail to
enter a joint order either granting or denying the petition,
the regional superintendent of schools for the educational
service region in which the joint hearing is held shall enter
an order denying the petition, and within 30 days after the
conclusion of the joint hearing shall deliver a copy of the
order denying the petition to the regional boards of school
trustees of each region affected, to the committee of
petitioners, if any, to any person who has filed his appearance
in writing at the hearing and to any attorney who appears for
any person at the joint hearing. If the regional boards of
school trustees enter a joint order either granting or denying
the petition, the regional superintendent of schools for the
educational service region in which the joint hearing is held
shall, within 30 days of the conclusion of the hearing, deliver
a copy of the joint order to those same committees and persons
as are entitled to receive copies of the regional
superintendent's order in cases where the regional boards of
school trustees have failed to enter a joint order.
(n) Within 10 days after service of a copy of the order
granting or denying the petition, any person so served may
petition for a rehearing and, upon sufficient cause being
shown, a rehearing may be granted. The petition for rehearing
shall specify the reason for the request. The regional board of
school trustees shall first determine whether there is
sufficient cause for a rehearing. If so determined, then the
regional board of school trustees shall allow the petition to
be heard anew in its entirety in accordance with all procedures
in this Article. The party requesting a rehearing shall pay the
expenses of publishing the notice and of any transcript taken
at the hearing. The filing of a petition for rehearing shall
operate as a stay of enforcement until the regional board of
school trustees, or regional boards of school trustees in cases
of a joint hearing, or State Superintendent of Education in
cases determined under subsection (l) of this Section enters
enter the final order on such petition for rehearing.
(o) If a petition filed under subsection (a) of Section 7-1
or under Section 7-2 is required under the provisions of
subsection (b-5) of this Section 7-6 to request submission of a
proposition at a regular scheduled election for the purpose of
voting for or against the annexation of the territory described
in the petition to the school district proposing to annex that
territory, and if the petition is granted or approved by the
regional board or regional boards of school trustees or by the
State Superintendent of Education, the proposition shall be
placed on the ballot at the next regular scheduled election.
(Source: P.A. 99-475, eff. 1-1-16.)
(105 ILCS 5/7-7) (from Ch. 122, par. 7-7)
Sec. 7-7. Administrative Review Law. The decision of the
regional board of school trustees, or the decision of the
regional boards of school trustees following a joint hearing,
or the decision of the State Superintendent of Education in
cases determined pursuant to subsection (l) of Section 7-6 of
this Code , shall be deemed an "administrative decision" as
defined in Section 3-101 of the Code of Civil Procedure; and
any resident, who appears at the hearing or any petitioner, or
board of education entitled to receive a certified copy of the
regional board of school trustees' order of any district
affected may, within 35 days after a copy of the decision
sought to be reviewed was served by certified mail, return
receipt requested, registered mail upon the resident,
petitioner, or board of education, the party affected thereby
file a complaint for a judicial review of such decision in
accordance with the Administrative Review Law and the rules
adopted pursuant thereto. The commencement of any action for
judicial review shall operate as a stay of enforcement, and no
further proceedings shall be had until final disposition of
such review. If the transcript of the hearing is required to be
presented to another county board of school trustees the time
within which a complaint for review must be filed shall not
begin to run until the decision of the regional board of school
trustees hearing the petition has been granted or denied by the
regional board of school trustees conducting a hearing on the
transcript. The circuit court of the county in which the
dissolving district or detaching territory is located petition
is filed with the regional board of school trustees shall have
sole jurisdiction to entertain a complaint for such review when
only one regional board of school trustees must act; however,
when the regional boards of school trustees act following a
joint hearing, the circuit court of the county in which the
joint hearing on the original petition is conducted shall have
sole jurisdiction of the complaint for such review. In
instances in which the dissolving district or detaching
territory overlies more than one county, the circuit court of
the county where a majority of the territory of the dissolving
district or a majority of the territory of the detaching
territory is located shall have sole jurisdiction to entertain
a complaint for such review.
(Source: P.A. 87-210.)
(105 ILCS 5/7-8) (from Ch. 122, par. 7-8)
Sec. 7-8. Limitation on successive petitions. No
territory, nor any part thereof, which is involved in any
proceeding to change the boundaries of a school district by
detachment or dissolution from or annexation to such school
district of such territory, and which, after a hearing on the
merits of the petition or referendum vote, is not so detached
or dissolved nor annexed, shall be again involved in
proceedings to change the boundaries of such school district
for at least 2 years after final determination of such first
proceeding, unless during that 2-year period a petition filed
is substantially different than any other previously filed
petition during the previous 2 years or if a school district
involved is identified as a priority district under Section
2-3.25d-5 of this Code, is placed on the financial watch list
by the State Board of Education, or is certified as being in
financial difficulty during that 2-year period or if such first
proceeding involved a petition brought under Section 7-2b of
this Article 7. The 2-year period is counted beginning from the
date of a final administrative decision after all appeal
timelines have run, upon final court order after all appeal
timelines have run, or upon the certification of the election
results in the event of a dissolution. The 2-year period is 2
calendar years.
(Source: P.A. 99-193, eff. 7-30-15.)
(105 ILCS 5/7-9) (from Ch. 122, par. 7-9)
Sec. 7-9. Effective date of change. In case a petition is
filed for the creation of or the change of boundaries of or for
an election to vote upon a proposition of creating or annexing
territory to a school district after August 1, as provided in
this Article, and the change is granted or the election
carries, and no appeal is taken such change shall become
effective after the time for appeal has run for the purpose of
all elections; however, the change shall not affect the
administration of the schools until July 1 following the date
the petition is granted or upon which the election is held and
the school boards of the districts as they existed prior to the
change shall exercise the same power and authority over such
territory until such date; however, new districts shall be
permitted to organize and elect officers within the time
prescribed by the general election law. In the event that the
granting of a petition has become final, either through failure
to seek Administrative Review, or by the final decision of a
court on review if no further appeal is taken, or upon
certification of election results in the event of a
dissolution, the change in boundaries shall become effective
the following July 1 forthwith. The school boards of the
districts as they existed prior to the change shall exercise
the same power and authority over such territory until such
date, unless However, if the granting of the petition becomes
final between September 1 and June 30 of any year, the
administration of and attendance at the schools shall not be
affected until the following July 1, when the change in
boundaries shall become effective for all purposes. After the
granting of a petition has become final, the date when the
change shall become effective for purposes of administration
and attendance may be accelerated or postponed by stipulation
of each of the school boards of each detaching or dissolving
and annexing school district and approval affected and approved
by the regional board of school trustees or by the board of a
special charter district with which the original petition is
required to be filed.
(Source: P.A. 90-459, eff. 8-17-97.)
(105 ILCS 5/7-10) (from Ch. 122, par. 7-10)
Sec. 7-10. Map showing change; filed change-Filed. Within
30 thirty days after the boundaries of any school district have
been changed, or a new district created under any of the
provisions of this Article the regional county superintendent
of schools of any county involved shall make and file with the
county clerk or clerks of his county a map of any detaching,
dissolving, or annexing school districts, involved in any
change of boundaries or creation of a new district whereupon
the county clerks shall extend taxes against the territory in
accordance therewith; provided : Provided that if an action to
review such decision under Section 7-7 of this Code is taken,
the regional superintendent of schools County Superintendent
of Schools shall not file the map with the county clerk until
after he or she is served with a certified copy of the order of
the final disposition of such review.
(Source: Laws 1961, p. 31.)
(105 ILCS 5/7-10.5 new)
Sec. 7-10.5. Teacher transfer. When dissolution and
annexation become effective for purposes of administration and
attendance as determined pursuant to Section 7-9 or 7-11 of
this Code, as applicable, the positions of teachers in
contractual continued service in the district being dissolved
are transferred to an annexing district or to annexing
districts pursuant to the provisions of subsection (h) of
Section 24-11 of this Code relative to teachers having
contractual continued service status whose positions are
transferred from one school board to the control of a different
school board, and those said provisions of subsection (h) of
Section 24-11 of this Code shall apply to the transferred
teachers. In the event that the territory is added to 2 or more
districts, the decision on which positions are to be
transferred to which annexing districts must be made giving
consideration to the proportionate percentage of pupils
transferred and the annexing districts' staffing needs, and the
transfer of specific individuals into such positions must be
based upon the request of those teachers in order of seniority
in the dissolving district. The contractual continued service
status of any teacher thereby transferred to an annexing
district is not lost and the different school board is subject
to this Code with respect to the transferred teacher in the
same manner as if the teacher was that district's employee and
had been its employee during the time the teacher was actually
employed by the school board of the dissolving district from
which the position was transferred.
(105 ILCS 5/7-11) (from Ch. 122, par. 7-11)
Sec. 7-11. Annexation of dissolved non-operating
districts. If any school district has become dissolved as
provided in Section 5-32 of this Code, or if a petition for
dissolution is filed under subsection (b) of Section 7-2a of
this Code, the regional board of school trustees shall attach
the territory of such dissolved district to one or more
districts and, if the territory is added to 2 or more
districts, shall divide the property of the dissolved district
among the districts to which its territory is added, in the
manner provided for the division of property in case of the
organization of a new district from a part of another district.
The regional board of school trustees of the region in which
the regional superintendent has supervision and control, as
defined in Section 3-14.2 of this Code, over the school
district that is dissolved shall have all power necessary to
annex the territory of the dissolved district as provided in
this Section, including the power to attach the territory to a
school district under the supervision and control of the
regional superintendent of another educational service region
and, in the case of Leepertown CCSD 175, the power to attach
the territory to a non-contiguous school district if deemed in
the best interests of the schools of the area and the
educational welfare of the pupils involved. The annexation of
the territory of a dissolved school district under this Section
shall entitle the school districts involved in the annexation
to payments from the State Board of Education in the same
manner and to the same extent authorized in the case of other
annexations under this Article. Other provisions of this
Article 7 of this The School Code shall apply to and govern
dissolutions and annexations under this Section and Section
7-2a of this Code, except that it is the intent of the General
Assembly that in the case of conflict the provisions of this
Section and Section 7-2a of this Code shall control over the
other provisions of this Article.
The regional board of school trustees shall give notice of
a hearing, to be held not less than 50 days nor more than 70
days after a school district is dissolved under Section 5-32 of
this Code or a petition is filed under subsection (b) of
Section 7-2a of this Code, on the disposition of the territory
of such school district by publishing a notice thereof at least
once each week for 2 successive weeks in at least one newspaper
having a general circulation within the area of the territory
involved. At such hearing, the regional board of school
trustees shall hear evidence as to the school needs and
conditions of the territory and of the area within and adjacent
thereto, and shall take into consideration the educational
welfare of the pupils of the territory and the normal high
school attendance pattern of the children. In the case of an
elementary school district, except for Leepertown CCSD 175, if
all the eighth grade graduates of such district customarily
attend high school in the same high school district, the
regional board of school trustees shall, unless it be
impossible because of the restrictions of a special charter
district, annex the territory of the district to a contiguous
elementary school district whose eighth grade graduates
customarily attend that high school, and that has an elementary
school building nearest to the center of the territory to be
annexed, but if such eighth grade graduates customarily attend
more than one high school the regional board of school trustees
shall determine the attendance pattern of such graduates and
divide the territory of the district among the contiguous
elementary districts whose graduates attend the same
respective high schools.
At the conclusion of the hearing, the regional
superintendent of schools, as secretary to the regional board
of school trustees, shall, within 10 days, enter an order
detailing the annexation of the dissolved district. The
regional superintendent of schools shall deliver a certified
copy of the order by certified mail, return receipt requested,
to the petitioners or committee of petitioners, as applicable;
the president of the school board of each dissolving and
annexing district; any person providing testimony in support of
or opposition to the petition at the hearing; and any attorney
who appears for any person. The regional superintendent of
schools shall also deliver a copy of the order to the regional
superintendent of schools who has supervision and control, as
defined in Section 3-14.2 of this Code, of the annexing
district, if different from the regional superintendent of
schools with whom the petition was filed. The regional
superintendent of schools is not required to send a copy of the
regional board of school trustees' order to those attending the
hearing but not participating. The final order shall be in
writing and include findings of fact, conclusions of law, and
the annexation decision. The decision of the regional board of
school trustees shall be The decision of the regional board of
school trustees in such matter shall be issued within 10 days
after the conclusion of the hearing and deemed an
"administrative decision" as defined in Section 3-101 of the
Code of Civil Procedure, and any resident, who appears at the
hearing or any petitioner, or school board entitled to receive
a certified copy of the regional board of school trustees'
order may, within 10 days after a copy of the decision sought
to be reviewed was served by certified mail, return receipt
requested, registered mail upon the resident, petitioner, or
school board, the party affected thereby file a complaint for
the judicial review of such decision in accordance with the
"Administrative Review Law", and all amendments and
modifications thereof and the rules adopted pursuant thereto.
The commencement of any action for review shall operate as a
stay of enforcement, and no further proceedings shall be had
until final disposition of such review. The final decision of
the regional board of school trustees or of any court upon
judicial review shall become effective under Section 7-9 of
this Code in the case of a petition for dissolution filed under
subsection (b) of Section 7-2a of this Code, and a final
decision shall become effective immediately following the date
no further appeal is allowable in the case of a district
dissolved under Section 5-32 of this Code.
Notwithstanding the foregoing provisions of this Section
or any other provision of law to the contrary, the school board
of the Mt. Morris School District is authorized to donate to
the City of Mount Morris, Illinois the school building and
other real property used as a school site by the Mt. Morris
School District at the time of its dissolution, by appropriate
resolution adopted by the school board of the district prior to
the dissolution of the district; and upon the adoption of a
resolution by the school board donating the school building and
school site to the City of Mount Morris, Illinois as authorized
by this Section, the regional board of school trustees or other
school officials holding legal title to the school building and
school site so donated shall immediately convey the same to the
City of Mt. Morris, Illinois.
(Source: P.A. 97-656, eff. 1-13-12.)
(105 ILCS 5/7-12) (from Ch. 122, par. 7-12)
Sec. 7-12. Termination of office. Upon the close of the
then current school year during which any school district is
annexed to another school district under any of the provisions
of this Article, the terms of office of the school directors or
board of education members of the annexed school district shall
be terminated and the school board of the annexing district
shall perform all the duties and have all the powers of the
school board of the annexed district. The annexing district as
it is constituted on and after the time of such annexation
shall receive all the assets and assume all the obligations and
liabilities including the bonded indebtedness of the original
annexing district and of the district annexed. The tax rate for
such assumed bonded indebtedness shall be determined in the
manner provided in Article 19 of this Code Act.
(Source: Laws 1961, p. 31.)
(105 ILCS 5/7-29) (from Ch. 122, par. 7-29)
Sec. 7-29. Limitation on contesting boundary change. No
Neither the People of the State of Illinois nor any person,
corporation, private or public, nor any association of persons
shall commence an action contesting either directly or
indirectly the annexation of any territory to a school district
shall commence or the creation of any new school district
unless brought within 2 calendar years after (i) the order
annexing the territory or creating the new district shall have
become final in the event of a detachment or (ii) the election
results shall have been certified in the event of a
dissolution. Where or within 2 years after the date of the
election creating the new school district if no proceedings to
contest such election are duly instituted within the time
permitted by law, or within two years after the final
disposition of any proceedings which may be so instituted to
contest such election; however where a limitation of a shorter
period is prescribed by statute, such shorter limitation shall
apply. The , and the limitation set forth in this Section
section shall not apply to jurisdictional challenges any order
where the judge, body or officer entering the order annexing
the territory or creating the new district did not at the time
of the entry of such order have jurisdiction of the subject
matter.
(Source: P.A. 86-1334.)
(105 ILCS 5/7-31 new)
Sec. 7-31. Applicability of amendatory Act. For any
petition filed with the regional superintendent of schools
under this Article prior to the effective date of this
amendatory Act of the 100th General Assembly, including a
petition for a rehearing pursuant to subsection (n) of Section
7-6 of this Code, the proposed action described in the
petition, including all notices, hearings, administrative
decisions, ballots, elections, and passage requirements
relating thereto, shall proceed and be in accordance with the
law in effect prior to the effective date of this amendatory
Act of the 100th General Assembly.
(105 ILCS 5/10-22.35B new)
Sec. 10-22.35B. Title to school sites and buildings.
(a) On January 1, 1994 (the effective date of Public Act
88-155): (i) the legal title to all school buildings and school
sites used or occupied for school purposes by a school district
located in a Class I county school unit or held for the use of
any such school district by and in the name of the regional
board of school trustees shall vest in the school board of the
school district, and the legal title to those school buildings
and school sites shall be deemed transferred by operation of
law to the school board of the school district, to be used for
school purposes and held, sold, leased, exchanged, or otherwise
transferred in accordance with law; and (ii) the legal title to
all school buildings and school sites used or occupied for
school purposes by a school district that is located in a Class
II county school unit and that has withdrawn from the
jurisdiction and authority of the trustees of schools of a
township and the township treasurer under subsection (b) of
Section 5-1 of this Code or held for the use of any such school
district by and in the name of the regional board of school
trustees at the time that regional board of school trustees was
abolished by Public Act 87-969 shall vest in the school board
of the school district, and the legal title to those school
buildings and school sites shall be deemed transferred by
operation of law to the school district, to be used for school
purposes and held, sold, leased, exchanged, or otherwise
transferred in accordance with law.
(b) The school board of each school district to which
subsection (a) of this Section is applicable may receive any
gift, grant, donation, or legacy made for the use of any school
or for any school purpose within its jurisdiction and shall
succeed to any gift, grant, donation, or legacy heretofore
received by the regional board of school trustees, either from
the township school trustees within their jurisdiction or from
any other source, for the use of any school of the district
served by the school board or for any other school purpose of
that school district. All conveyances of real estate made to
the school board of a school district under this Section shall
be made to the school board in its corporate name and to its
successors in office.
(c) All school districts and high school districts may take
and convey title to real estate to be improved by buildings or
other structures for vocational or other educational training
as provided in Section 10-23.3 of this Code.
(d) Nothing in this Section shall be deemed to apply to any
common school lands or lands granted or exchanged therefor or
to the manner in which such lands are managed and controlled
for the use and benefit of the school township and the schools
of the township by the township land commissioners, the
regional board of school trustees (acting as the township land
commissioners), or the trustees of schools of the township,
which hold legal title to those lands; and they may continue to
receive gifts, grants, donations, or legacies made for the use
of the school township and for the schools of the township
generally in the same manner as such gifts, grants, donations,
or legacies were made prior to January 1, 1994.
(105 ILCS 5/12-24) (from Ch. 122, par. 12-24)
Sec. 12-24. Elimination of non-high school district. The
territory of the non-high school district or unit district not
maintaining a high school in existence on January 1, 1950 of
any county having a population of 500,000 or less shall be
automatically eliminated from the non-high school district or
unit district, unless (1) the non-high school territory is
adjacent to a district created by a special Act whose
boundaries are required by such Act to be coterminous with some
city or village or to a district maintaining grades 1 through
12 and (2) has children in such territory who customarily
attend the high school of such district and (3) has no school
district operating grades 9 through 12 to which such territory
could be annexed without impairing the educational
opportunities of the children of such territory and in such
case the territory shall remain non-high school territory.
Any such non-high school district including any unit
district not maintaining a high school pursuant to the
provisions of this Section shall pay tuition for high school
students at a rate to be mutually agreed by the boards of
education of each district affected.
When territory is eliminated from a non-high school
district or unit district not maintaining a high school it
shall be annexed by the county board of school trustees as
provided in Section 7-27 of this Code (now repealed) Act.
Any non-high school district affected by such elimination
and annexation may continue to exercise all previously
conferred and existing powers pending final administrative or
judicial affirmance thereof.
(Source: P.A. 81-950.)
(105 ILCS 5/16-2) (from Ch. 122, par. 16-2)
Sec. 16-2. Joint use of site and building. Whenever the
school boards of two or more school districts have agreed upon
the joint use of any school site and compensation to be paid
therefor, and any such site has been selected in the manner
required by law, it is lawful for such districts to use the
same school site and after payment of the compensation, the
trustees of schools of the township or regional board of school
trustees, as the case may be, by proper instrument in writing
shall declare that title to such site is held for the joint use
of such districts according to the terms of such agreement, and
such districts shall be further authorized to construct,
maintain and use a building jointly for the benefit of the
inhabitants thereof. Notwithstanding any other provisions of
this Section:
(1) If legal title to the selected site is held in the name
of the school board of a school district that has agreed to the
joint use of the site with any other school districts, and if
those other school districts are also districts whose school
boards, under subsection (a) of Section 10-22.35B of this Code
7-28, are to hold legal title to school buildings and school
sites of the district, then upon the execution of the agreement
and payment of the compensation in accordance with the terms of
the agreement the school boards of the districts shall be
deemed to hold legal title to the site as tenants in common,
and the required deed or deeds of conveyance shall be executed
and delivered by the president and secretary or clerk of the
school boards to reflect that legal title to the selected site
is held in that manner.
(2) If one more but not all of the school boards that are
party to the agreement are school boards that, under subsection
(a) of Section 10-22.35B of this Code 7-28, are to hold legal
title to the school buildings and school sites of the district,
the interest in the selected site of each school board that is
to hold legal title to the school buildings and school sites of
the district shall be that of a tenant in common; and the
required deed or deeds of conveyance shall be executed and
delivered by the president and secretary or clerk of the
trustees of schools of the township, regional board of school
trustees, township land commissioners, or school boards, as the
case may be, to reflect that tenancy in common interest of the
appropriate school board or school boards with the trustees of
schools of the township, regional board of school trustees or
township land commissioners, as the case may be, in the legal
title to the selected site.
(Source: P.A. 88-155.)
(105 ILCS 5/32-4.6) (from Ch. 122, par. 32-4.6)
Sec. 32-4.6. Title, care and custody of property;
supervision and control.
The title, care and custody of all schoolhouses and school
sites belonging to districts that are described in Section
32-2.11 and that are not districts whose school boards under
subsection (a) of Section 10-22.35B of this Code 7-28 are to
hold legal title to school buildings and school sites of the
district shall be vested in the trustees of schools of the
townships in which the districts are situated, but the
supervision and control of such schoolhouses and sites shall be
vested in the board of inspectors of the districts. In all
other cases, the legal title, care, custody and control of
school houses and school sites belonging to districts that are
described in Section 32-2.11, together with the supervision and
control of those school houses and sites, shall be vested in
the board of inspectors of the districts.
(Source: P.A. 88-155.)
(105 ILCS 5/7-01 rep.)
(105 ILCS 5/7-2 rep.)
(105 ILCS 5/7-13 rep.)
(105 ILCS 5/7-27 rep.)
(105 ILCS 5/7-28 rep.)
(105 ILCS 5/7-30 rep.)
Section 10. The School Code is amended by repealing
Sections 7-01, 7-2, 7-13, 7-27, 7-28, and 7-30.
Section 99. Effective date. This Act takes effect July 1,
2017.
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